US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 114

Annual authorization of appropriations

(a)
No funds may be appropriated for any fiscal year to or for the use of any armed force or obligated or expended for—
(1)
procurement of aircraft, missiles, or naval vessels;
(2)
any research, development, test, or evaluation, or procurement or production related thereto;
(3)
procurement of tracked combat vehicles;
(4)
procurement of other weapons;
(5)
procurement of naval torpedoes and related support equipment;
(6)
military construction;
(7)
the operation and maintenance of any armed force or of the activities and agencies of the Department of Defense (other than the military departments);
(8)
procurement of ammunition; or
(9)
other procurement by any armed force or by the activities and agencies of the Department of Defense (other than the military departments);
unless funds therefor have been specifically authorized by law.
(b)
section 4174 of this titlesection 2807 of this titlesection 210 of title 23 In subsection (a)(6), the term “military construction” includes any construction, development, conversion, or extension of any kind which is carried out with respect to any military facility or installation (including any Government-owned or Government-leased industrial facility used for the production of defense articles and any facility to which applies), any activity to which applies, any activity to which chapter 1803 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under . Such term does not include any activity to which section 2821 or 2854 of this title applies.
(c)
(1)
22 U.S.C. 2795 The size of the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act ( et seq.) may not exceed $3,500,000,000.
(2)
22 U.S.C. 2777(a)22 U.S.C. 2761(a)(1) Notwithstanding section 37(a) of the Arms Export Control Act (), amounts received by the United States pursuant to subparagraph (A) of section 21(a)(1) of that Act ()—
(A)
22 U.S.C. 279522 U.S.C. 2795(b)(1) shall be credited to the Special Defense Acquisition Fund established pursuant to chapter 5 of that Act ( et seq.), as authorized by section 51(b)(1) of that Act (), but subject to the limitations in paragraphs (1) and (3) and other applicable law; and
(B)
section 3302(b) of title 31 to the extent not so credited, shall be deposited in the Treasury as miscellaneous receipts as provided in .
(3)
Of the amount of annual obligations from the Special Defense Acquisition Fund in each of fiscal years 2018 through 2022, not less than 20 percent shall be for funds to procure and stock precision guided munitions that may be required by partner and allied forces to enhance the effectiveness of current or future contributions of such forces to overseas contingency operations conducted or supported by the United States.
(d)
Funds may be appropriated for the armed forces for use as an emergency fund for research, development, test, and evaluation, or related procurement or production, only if the appropriation of the funds is authorized by law after .
(e)
section 1105 of title 31 In each budget submitted by the President to Congress under , amounts requested for procurement of equipment for the reserve components of the armed forces (including the National Guard) shall be set forth separately from other amounts requested for procurement for the armed forces.
(f)
section 1105 of title 31 In each budget submitted by the President to Congress under , amounts requested for procurement of ammunition for the Navy and Marine Corps, and for procurement of ammunition for the Air Force, shall be set forth separately from other amounts requested for procurement.

Pub. L. 93–155, title VIII, § 803(a)87 Stat. 612Pub. L. 94–106, title VIII, § 801(a)89 Stat. 537Pub. L. 94–361, title III, § 30290 Stat. 924Pub. L. 96–107, title III, § 303(b)93 Stat. 806Pub. L. 96–342, title X, § 1001(a)(1)94 Stat. 1117–1119Pub. L. 96–513, title I, § 10294 Stat. 2840Pub. L. 97–22, § 2(b)95 Stat. 124Pub. L. 97–86, title III, § 30295 Stat. 1104Pub. L. 97–113, title I, § 108(b)95 Stat. 1524Pub. L. 97–214, § 496 Stat. 170Pub. L. 97–252, title IV, § 402(a)96 Stat. 725Pub. L. 97–295, § 1(3)96 Stat. 1289Pub. L. 98–525, title XIV, § 1405(2)98 Stat. 2621Pub. L. 99–145, title XII, § 120899 Stat. 723Pub. L. 99–433, title I100 Stat. 994Pub. L. 99–661, div. A, title I, § 105(d)100 Stat. 3827Pub. L. 100–26, § 7(j)(1)101 Stat. 282Pub. L. 100–180, div. A, title XII, § 1203101 Stat. 1154Pub. L. 101–189, div. A, title XVI, § 1602(b)103 Stat. 1597Pub. L. 101–510, div. A, title XIV, § 1481(a)(1)104 Stat. 1704Pub. L. 104–106, div. A, title XV, § 1501(c)(2)110 Stat. 498Pub. L. 104–201, div. A, title X, § 1005110 Stat. 2632Pub. L. 114–328, div. A, title XII, § 1202(a)130 Stat. 2474Pub. L. 115–91, div. A, title XII, § 1203(a)131 Stat. 1642Pub. L. 116–283, div. A, title XVIII134 Stat. 4246Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B)135 Stat. 2154Pub. L. 117–263, div. A, title XVII, § 1702136 Stat. 2966(Added , , , § 138; amended , , ; , , ; , , ; , (b)–(d)(1), , ; , title V, § 511(4), , , 2920; , , ; , title IX, §§ 901(a), 902, 903, , , 1113, 1114; , , ; , , ; , title XI, §§ 1103, 1105, , , 738, 739; , (4), , ; , , ; , title XIV, § 1403, , , 743; renumbered § 114 and amended , §§ 101(a)(2), 110(b)(1)–(9), (11), , , 1001, 1002; , title XIII, § 1304(a), , , 3979; , , ; , , ; , , ; , , ; , , ; , , ; , (b), , ; , , ; , §§ 1844(e)(1), 1883(b)(2), , , 4294; , , ; , , .)

Historical and Revision Notes

1982 Act

Revised section

Source (U.S. Code)

Source (Statutes at Large)

138(c)(5)

10:138 (note).

Aug. 5, 1974, Pub. L. 93–365, § 502, 88 Stat. 404.

138(i)

10:135 (note).

June 11, 1965, Pub. L. 89–37, § 305, 79 Stat. 128.

In subsection (c)(5), the words “It is the sense of Congress that” are omitted as unnecessary. The words “Secretary of Defense” are substituted for “Department of Defense” the first time it appears because the responsibility is in the head of the agency. The word “Therefore” is omitted as surplus. The word “complete” is substituted for “full”, and the word “personnel” is substituted for “manpower” except in the phrase “manpower requirements”, for consistency.

In subsection (i), the words “may be . . . only if” are substituted for “No . . . may be . . . unless” to use the positive voice. The words “after ” are substituted for “after that date” for clarity.

Editorial Notes

References in Text

Pub. L. 90–62982 Stat. 1320section 2751 of Title 22The Arms Export Control Act, referred to in subsec. (c), is , , . Chapter 5 of the Arms Export Control Act is classified generally to subchapter V (§ 2795 et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

Pub. L. 101–165, title IX, § 9017103 Stat. 1133Pub. L. 101–510, § 1481(a)(2)Provisions similar to those in subsec. (c)(2) of this section were contained in , , , which was set out as a note below, prior to repeal by .

Pub. L. 86–149, title IV, § 41273 Stat. 322Pub. L. 87–436, § 276 Stat. 55Pub. L. 88–174, title VI, § 61077 Stat. 329Pub. L. 89–37, title III, § 30479 Stat. 128Pub. L. 90–168, § 681 Stat. 526Pub. L. 91–121, title IV, § 40583 Stat. 207Pub. L. 91–441, title V84 Stat. 912Pub. L. 92–129, title VII, § 70185 Stat. 362Pub. L. 92–436, title III, § 30286 Stat. 736Pub. L. 93–155, § 803(b)(1)Prior similar provisions were contained in , , , as amended by , , ; , , ; , , ; , , ; , , ; , §§ 505, 509, , , 913; , , ; , title VI, § 604, , , 739, prior to repeal by .

Amendments

Pub. L. 117–2632022—Subsec. (c)(1). substituted “$3,500,000,000” for “$2,500,000,000”.

Pub. L. 116–283, § 1883(b)(2)2021—Subsec. (b). , substituted “section 4174” for “section 2353”.

Pub. L. 116–283, § 1844(e)(1)Pub. L. 117–81, § 1701(u)(5)(B), which had directed the substitution of “section 4141” for “section 2353”, was repealed by .

Pub. L. 115–912017—Subsec. (c)(3). substituted “Of the amount of annual obligations from the Special Defense Acquisition Fund in each of fiscal years 2018 through 2022, not less than 20 percent shall be for funds to procure” for “Of the amount available in the Special Defense Acquisition Fund in any fiscal year after fiscal year 2016, $500,000,000 may be used in such fiscal year only to procure”.

Pub. L. 114–328, § 1202(a)2016—Subsec. (c)(1). , substituted “$2,500,000,000” for “$1,070,000,000”.

Pub. L. 114–328, § 1202(b)(1)Subsec. (c)(2)(A). , substituted “limitations in paragraphs (1) and (3)” for “limitation in paragraph (1)”.

Pub. L. 114–328, § 1202(b)(2)Subsec. (c)(3). , added par. (3).

Pub. L. 104–1061996—Subsec. (b). substituted “chapter 1803” for “chapter 133”.

Pub. L. 104–201Subsec. (f). added subsec. (f).

Pub. L. 101–5101990—Subsec. (c). designated existing provisions as par. (1) and added par. (2).

Pub. L. 101–1891989—Subsecs. (f), (g). struck out subsecs. (f) and (g) which read as follows:

section 1105(a) of title 31“(f) The amounts of the estimated expenditures and proposed appropriations necessary to support programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of in the budget submitted to Congress by the President under such section for any fiscal year or years and the amounts specified in all program and budget information submitted to Congress by the Department of Defense in support of such estimates and proposed appropriations shall be mutually consistent unless, in the case of each inconsistency, there is included detailed reasons for the inconsistency.

“(g) The Secretary of Defense shall submit to Congress not later than April 1 of each year, the five-year defense program (including associated annexes) used by the Secretary in formulating the estimated expenditures and proposed appropriations included in such budget to support programs, projects, and activities of the Department of Defense.”

Pub. L. 100–261987—Subsec. (e). redesignated subsec. (f) as (e).

Pub. L. 100–180Subsec. (f). added subsec. (f).

Pub. L. 100–26, § 7(j)(1), redesignated subsec. (f) as (e).

Pub. L. 100–180, § 1203Subsec. (g). , added subsec. (g).

Pub. L. 99–433, § 101(a)(2)section 138 of this title1986—, renumbered as this section.

Pub. L. 99–433, § 110(b)(1), struck out “and personnel strengths for the armed forces; annual manpower requirements and operations and maintenance reports” at end of section catchline.

Pub. L. 99–433, § 110(b)(3)Subsec. (a)(6). , struck out “(as defined in subsection (f))” after “military construction”.

Pub. L. 99–433, § 110(b)(4)section 115(a) of this titleSubsec. (b). , (5), (8), redesignated subsec. (f)(1) as (b). Former subsec. (b) redesignated .

Pub. L. 99–661, § 1304(a)Subsec. (c). , substituted “$1,070,000,000” for “$1,000,000,000”.

Pub. L. 99–433, § 110(b)(4)section 115(b) of this title, (5), (11), redesignated subsec. (g) as (c). Former subsec. (c) redesignated .

Pub. L. 99–433, § 110(b)(4)section 115(c) of this titleSubsec. (d). , (5), (11), redesignated subsec. (i) as (d). Former subsec. (d) redesignated .

Pub. L. 99–433, § 110(b)(6)section 116(a) of this titleSubsec. (e). , (7), redesignated subsec. (e) as .

Pub. L. 99–661, § 105(d)Subsec. (f). , added subsec. (f).

Pub. L. 99–433, § 110(b)(8)Subsec. (f)(1). , redesignated subsec. (f)(1) as (b).

Pub. L. 99–433, § 110(b)(9)section 116(b) of this titleSubsec. (f)(2). , redesignated subsec. (f)(2) as .

Pub. L. 99–433, § 110(b)(11)Subsec. (g). , redesignated subsec. (g) as (c).

Pub. L. 99–433, § 110(b)(2)section 113(i) of this titleSubsec. (h). , redesignated subsec. (h) as .

Pub. L. 99–433, § 110(b)(11)Subsec. (i). , redesignated subsec. (i) as (d).

Pub. L. 99–145, § 12081985—Subsec. (b)(3). , added par. (3).

Pub. L. 99–145, § 1403Subsec. (g). , substituted “$1,000,000,000” for “$300,000,000 in fiscal year 1982, may not exceed $600,000,000 in fiscal year 1983, and may not exceed $900,000,000 in fiscal year 1984 or any fiscal year thereafter”.

Pub. L. 98–52522 U.S.C. 27951984—Subsec. (g). inserted “( et seq.)”.

Pub. L. 97–252, § 402(a)1982—Subsec. (c)(1)(A). , authorized increase in fiscal year end-strength authorizations determined by the Secretary of Defense to be in the national interest.

Pub. L. 97–295, § 1(3)Subsec. (c)(5). , added par. (5).

Pub. L. 97–214section 2807 of this titlesection 210 of title 23section 406(a) of Public Law 85–24142 U.S.C. 1594iSubsec. (f)(1). substituted “, any activity to which applies, any activity to which chapter 133 of this title applies, and advances to the Secretary of Transportation for the construction of defense access roads under ” for “but excludes any activity to which section 2673 or 2674, or chapter 133, of this title apply, or to which () applies” and inserted provision that “military construction” does not include any activity to which section 2821 or 2854 of this title applies.

Pub. L. 97–252, § 1103Subsec. (g). , limited size of Special Defense Acquisition Fund to $600,000,000 in fiscal year 1983, striking out such sum as a limit in any fiscal year thereafter, and limited size of Fund to $900,000,000 in fiscal year 1984 or any fiscal year thereafter.

Pub. L. 97–252, § 1105Subsec. (h). , added subsec. (h).

Pub. L. 97–295, § 1(4)Subsec. (i). , added subsec. (i).

Pub. L. 97–86, § 901(a)1981—Subsec. (a)(8), (9). , added pars. (8) and (9).

Pub. L. 97–86, § 902Subsec. (b). , designated existing provisions as par. (1), substituted “authorize the average personnel strength” for “authorize the personnel strength”, and added par. (2).

Pub. L. 97–22Subsec. (c)(3)(D)(iii)(I). struck out “and active military service” after “active commissioned service”.

Pub. L. 97–86, § 903Subsec. (c)(4). , added par. (4).

Pub. L. 97–86, § 302Subsec. (e)(3), (4). , struck out pars. (3) and (4) which required the Secretary to include in each report a projection of the combat readiness of specified military units proposed to be maintained during the next fiscal year.

Pub. L. 97–113Subsec. (g). added subsec. (g).

Pub. L. 96–342, § 1001(d)(1)1980—, substituted “Annual authorization of appropriations and personnel strengths for the armed forces; annual manpower requirements and operations and maintenance reports” for “Secretary of Defense: Annual authorization of appropriations for armed forces” in section catchline.

Pub. L. 96–342, § 1001(a)(1)Subsec. (a). , (b)(1), in cl. (6) substituted reference to subsec. (f) for reference to subsec. (e), and added cl. (7).

Pub. L. 96–513, § 102(a)Subsec. (c)(1). , designated existing provisions as subpar. (A) and added subpars. (B) and (C).

Pub. L. 96–513, § 102(b)Subsec. (c)(3)(D). , substituted provisions relating to expanded coverage in the annual report of the Secretary of Defense for provisions under which the report had formerly covered only the estimated requirements in members on active duty during the next fiscal year, the estimated number of commissioned officers in each grade on active duty and to be promoted during the next fiscal year, and an analysis of the distribution by grade of commissioned officers on active duty at the time the report was prepared.

Pub. L. 96–342, § 1001(b)(2)Subsec. (e). , (3), added subsec. (e). Former subsec. (e) redesignated (f)(1).

Pub. L. 96–513, § 511(4)42 U.S.C. 1594i71 Stat. 556Subsec. (f). , substituted “()” for “()” in par. (1), and substituted “In subsection (e)” for “In subsection (f)” in par. (2).

Pub. L. 96–342, § 1001(b)(2), (c), redesignated subsec. (e) as (f), substituted “(1) In subsection (a)(6)” for “For purposes of subsection (a)(6) of this section”, and added par. (2).

Pub. L. 96–1071979—Subsec. (c)(3). restructured existing provisions into subpars. (A) to (C) with minor changes in phraseology and added subpar. (D).

Pub. L. 94–3611976—Subsec. (c)(3). required the report to Congress to identify, define, and group by mission and by region the types of military bases, installations, and facilities and to provide an explanation and justification of the relationship between the base structure and the proposed military force structure together with a comprehensive identification of base operating support costs and an evaluation of possible alternatives to reduce the costs.

Pub. L. 94–106, § 801(a)(1)1975—Subsec. (a)(6). , added par. (6).

Pub. L. 94–106, § 801(a)(2)Subsec. (e). , added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 2017 Amendment

Pub. L. 115–91, div. A, title XII, § 1203(b)131 Stat. 1642

“The amendment made by subsection (a) [amending this section] shall take effect as of .”
, , , provided that:

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title XII, § 1202(a)130 Stat. 2474, , , provided that the amendment made by section 1202(a) is effective as of .

Effective Date of 1996 Amendment

Pub. L. 104–106, div. A, title XV, § 1501(c)110 Stat. 498Pub. L. 103–337, , , provided that the amendment made by that section is effective as of , and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of , as originally enacted.

Effective Date of 1982 Amendments

Pub. L. 97–252, title IV, § 402(b)96 Stat. 725

“The amendment made by subsection (a) [amending this section] shall apply with respect to end strengths for active-duty personnel authorized for fiscal years beginning after .”
, , , provided that:

Pub. L. 97–214section 12(b) of Pub. L. 97–214section 2801 of this titleAmendment by applicable with respect to funds appropriated for fiscal years beginning after , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–86, title IX, § 901(b)95 Stat. 1113

“The amendments made by subsection (a) [amending this section] shall apply with respect to funds appropriated for fiscal years beginning after .”
, , , provided that:

Effective Date of 1980 Amendments

section 102 of Pub. L. 96–513Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under .

section 511(4) of Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513Amendment by effective , see .

Pub. L. 96–342, title X, § 1001(a)(2)94 Stat. 1118

“The amendments made by paragraph (1) [amending this section] shall apply with respect to funds appropriated for fiscal years beginning after .”
, , , provided that:

Applicability of Provisions Relating to Funds Not Heretofore Required To Be Authorized

Pub. L. 94–106, title VIII, § 801(b)89 Stat. 537

“The amendment provided by paragraph (2) of subsection (a) above [enacting subsec. (e) of this section] with respect to funds not heretofore required to be authorized shall only apply to funds authorized for appropriation for fiscal year 1977 and thereafter.”
, , , provided that:

Availability of Appropriations

Pub. L. 101–165, title IX, § 9017103 Stat. 1133section 2777(a) of Title 22Pub. L. 101–510, div. A, title XIV, § 1481(a)104 Stat. 1704, , , which prohibited funding to be used for planning or executing programs which utilized amounts credited to the Department of Defense pursuant to , Foreign Relations and Intercourse, was repealed and restated in subsec. (c)(2) of this section by , , .

Pub. L. 99–190, § 101(b) [title VIII, §§ 8005, 8006, 8009]99 Stat. 1185

“Sec. 8005.

10 U.S.C. 313310 U.S.C. 8683Pub. L. 100–370, § 1(e)(1)l102 Stat. 844 [Authorized use of appropriated funds for expenses in connection with administration of occupied areas; payment of rewards for information leading to discovery of missing naval property or recovery thereof; payment of deficiency judgments and interests thereon arising out of condemnation proceedings; leasing of buildings and facilities; payments under contracts for maintenance of tools and facilities for twelve months; maintenance of defense access roads; purchase of milk for enlisted personnel; payments under leases for real or personal property, including maintenance; purchase of right-hand-drive vehicles not to exceed $12,000 per vehicle; payment of unusual cost overruns incident to ship overhaul, maintenance, and repair; payments from annual appropriations to industrial fund activities and/or under contract for changes in scope of ship overhaul, maintenance, and repair after expiration of such appropriations; and payments for depot maintenance contracts for twelve months; and was repealed and (except for section 8005(e)) restated in sections 2242(2), 2252, 2253(a)(2), 2389(b), 2410a [now ], 2661(b), and 7313 [now ] of this title by , (h)(1), (2), ()(3), (n)(1), (p)(3), , , 847, 849–851. Section 8005(c) was not restated in view of section 2676(e) [now 2664(e)] of this title.]

“Sec. 8006.

10 U.S.C. 2868Pub. L. 100–370, § 1(e)(1)102 Stat. 844 [Authorized use of appropriated funds for military courts, boards, and commissions; utility services for buildings erected at private cost and buildings on military reservations authorized by regulations to be used for welfare and recreational purposes; and exchange fees, and losses in accounts of disbursing officers or agents; and was repealed and restated in sections 2242(3), 2490 [now ], and 2781 of this title by , (j)(1), (m)(1), (p)(3), , , 848, 849, 851.]

“Sec. 8009.

section 2201 of this titlePub. L. 100–370, § 1(d)(1)102 Stat. 841 [Provided for exemption from apportionment requirement; exceptions for cost of airborne alerts and cost of increased military personnel on active duty; and for reports to Congress; and was repealed and restated in by , , .]

”
The following general provisions, which had been repeated as fiscal year provisions in prior appropriation acts, were enacted as permanent law in the Department of Defense Appropriations Act, 1986, , , , 1202, 1203, 1204:

Pub. L. 98–212, title VII97 Stat. 1437

“Sec. 705.

Pub. L. 100–370, § 1(e)(1)102 Stat. 844 [Authorized use of appropriated funds for insurance of official motor vehicles in foreign countries; advance payments for investigations in foreign countries; security guard services for protection of confidential files; and other necessary expenses; and was repealed and restated in sections 2241(b), 2242(1), (4), and 2253(a)(1) of this title by , (p)(1), , , 851.]

“Sec. 706.

Pub. L. 98–525, title XIV98 Stat. 2621section 956(5) of this title [Authorized use of appropriated funds for expenses incident to maintenance, pay, and allowances of prisoners of war, other persons in Army, Navy, or Air Force custody whose status was determined by Secretary concerned to be similar to prisoners of war, and persons detained in such custody pursuant to Presidential proclamation, and was repealed by , §§ 1403(a)(1), 1404, , , effective . See .]

“Sec. 707.

Pub. L. 100–370, § 1l102 Stat. 849 [Authorized use of appropriated funds for acquisition of certain interests in land, and was repealed and restated in sections 2673 and 2828(h) of this title by ()(1), (2), (p)(1), , , 851.]

“Sec. 723.

section 2251 of this titlePub. L. 100–370, § 1(e)(1)102 Stat. 844 [Authorized use of appropriated funds for purchase of household furnishings, and automobiles from military and civilian personnel on duty outside continental United States, for purpose of resale at cost to incoming personnel, and for providing furnishings, without charge, in other than public quarters occupied by military or civilian personnel of Department of Defense on duty outside continental United States or in Alaska, and was repealed and restated in by , (p)(1), , , 851.]

“Sec. 728.

Pub. L. 100–370, § 1(p)(1)102 Stat. 851section 3744(a)(8) of this title [Prohibited use of appropriated funds for payment of costs of advertising by any defense contractor, except advertising for which payment is made from profits, provided exemptions for advertising for personnel recruitment, procurement of scarce required items, and disposal of scrap or surplus materials, and was repealed by , , . See .]

“Sec. 735.

Pub. L. 98–525, title XIV98 Stat. 2621Pub. L. 100–370, § 1(e)(1)l102 Stat. 844 [Authorized use of appropriated funds for operation and maintenance of the active forces for welfare and recreation; hire of passenger motor vehicles; repair of facilities; modification of personal property; design of vessels; industrial mobilization; installation of equipment in public and private plants; military communications facilities on merchant vessels; acquisition of services, special clothing, supplies, and equipment; and expenses for the Reserve Officers’ Training Corps and other units at educational institutions was amended by , §§ 1403(a)(2), 1404, , , eff. , and was repealed and restated in sections 2241(a) and 2661(a) of this title by , ()(3), (p)(1), , , 849, 851.]

“Sec. 774.
During the current fiscal year and subsequent fiscal years, for the purposes of the appropriation ‘Foreign Currency Fluctuations, Defense’ the foreign currency exchange rates used in preparing budget submissions shall be the foreign currency exchange rates as adjusted or modified, as reflected in applicable Committee reports on this Act.”
The following general provisions, that had been repeated as fiscal year provisions in prior appropriation acts, were enacted as permanent law in the Department of Defense Appropriation Act, 1984, , §§ 705–707, 723, 728, 735, 774, , , 1438, 1443, 1444, 1452:

Reports

Pub. L. 114–328, div. A, title XII, § 1202(c)130 Stat. 2474

“(1)

Initial plan on use of authority .—

Before exercising authority for use of amounts in the Special Defense Acquisition Fund in excess of the size of that Fund as of , by reason of the amendments made by this section [amending this section], the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a report on the plan for the use of such amounts.
“(2)

Quarterly spending plan .—

Not later than 30 days before the beginning of each fiscal year quarter, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a detailed plan for the use of amounts in the Special Defense Acquisition Fund for such fiscal year quarter.
“(3)

Annual updates .—

Not later than 90 days after the end of each fiscal year, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a report setting forth the inventory of defense articles and services acquired, possessed, and transferred through the Special Defense Acquisition Fund in such fiscal year.
“(4)

Appropriate committees of congress defined .—

section 301(1) of title 10In this subsection, the term ‘appropriate committees of Congress’ has the meaning given that term in , United States Code (as added by section 1241(a)(3) of this Act).”
, , , provided that:

Withdrawal of United States Ground Forces From Republic of Bosnia and Herzegovina

Pub. L. 105–85, div. A, title XII111 Stat. 1929

“SEC. 1203.

WITHDRAWAL OF UNITED STATES GROUND FORCES FROM REPUBLIC OF BOSNIA AND HERZEGOVINA.

“(a)

Limitation .—

No funds appropriated or otherwise made available for the Department of Defense for fiscal year 1998 or any subsequent fiscal year may be used for the deployment of any United States ground combat forces in the Republic of Bosnia and Herzegovina after , unless the President, not later than , and after consultation with the bipartisan leadership of the two Houses of Congress, transmits to Congress a certification—
“(1)
that the continued presence of United States ground combat forces, after , in the Republic of Bosnia and Herzegovina is required in order to meet the national security interests of the United States; and
“(2)
that after , it will remain United States policy that United States ground forces will not serve as, or be used as, civil police in the Republic of Bosnia and Herzegovina.
“(b)

Report .—

The President shall submit with the certification under subsection (a) a report that includes the following:
“(1)
The reasons why that presence is in the national security interest of the United States.
“(2)
The number of United States military personnel to be deployed in and around the Republic of Bosnia and Herzegovina and other areas of the former Yugoslavia after that date.
“(3)
The expected duration of any such deployment.
“(4)
The mission and objectives of the United States Armed Forces to be deployed in and around the Republic of Bosnia and Herzegovina and other areas of the former Yugoslavia after .
“(5)
The exit strategy of such forces.
“(6)
The incremental costs associated with any such deployment.
“(7)
The effect of such deployment on the morale, retention, and effectiveness of United States armed forces.
“(8)
A description of the forces from other nations involved in a follow-on mission, shown on a nation-by-nation basis.
“(9)
A description of the command and control arrangement established for United States forces involved in a follow-on mission.
“(10)
An assessment of the expected threats to United States forces involved in a follow-on mission.
“(11)
The plan for rotating units and personnel to and from the Republic of Bosnia and Herzegovina during a follow-on mission, including the level of participation by reserve component units and personnel.
“(12)
The mission statement and operational goals of the United States forces involved in a follow-on mission.
“(c)

Request for Supplemental Appropriations .—

The President shall transmit to Congress with a certification under subsection (a) a supplemental appropriations request for the Department of Defense for such amounts as are necessary for the costs of any continued deployment beyond .
“(d)

Construction With President’s Constitutional Authority .—

Nothing in this section shall be deemed to restrict the authority of the President under the Constitution to protect the lives of United States citizens.
“(e)

Construction With Appropriations Provision .—

Public Law 105–56111 Stat. 1250The provisions of this section are enacted, and shall be applied, as supplemental to (and not in lieu of) the provisions of section 8132 of the Department of Defense Appropriations Act, 1998 () [].
“SEC. 1206.

DEFINITIONS.

Pub. L. 105–85“As used in this subtitle [subtitle A (§§ 1201–1206) of title XII of div. A of , enacting this note]:
“(1)

Dayton peace agreement .—

The term ‘Dayton Peace Agreement’ means the General Framework Agreement for Peace in Bosnia and Herzegovina, initialed by the parties in Dayton, Ohio, on , and signed in Paris on .
“(2)

Implementation force .—

The term ‘Implementation Force’ means the NATO-led multinational military force in the Republic of Bosnia and Herzegovina (commonly referred to as ‘IFOR’), authorized under the Dayton Peace Agreement.
“(3)

Stabilization force .—

The term ‘Stabilization Force’ means the NATO-led follow-on force to the Implementation Force in the Republic of Bosnia and Herzegovina and other countries in the region (commonly referred to as ‘SFOR’), authorized under United Nations Security Council Resolution 1088 ().
“(4)

Follow-on mission .—

The term ‘follow-on mission’ means a mission involving the deployment of ground elements of the United States Armed Forces in the Republic of Bosnia and Herzegovina after (other than as described in section 1203(b)).
“(5)

NATO .—

The term ‘NATO’ means the North Atlantic Treaty Organization.”
, §§ 1203, 1206, , , 1932, provided that:

Budget Determination by Director of OMB

Pub. L. 102–484, div. D, title XLV, § 4501106 Stat. 2769Pub. L. 102–4842 U.S.C. 900, , , directed that amounts made available under for defense programs covered by certain portions of that Act could be obligated for such programs only if expenditures for such programs had been determined by the Director of the Office of Management and Budget to be counted against the defense category of the discretionary spending limits for fiscal year 1993 for purposes of part C of the Balanced Budget and Emergency Deficit Control Act of 1985 ( et seq.), and required the President to submit to Congress a report listing amounts appropriated for fiscal year 1993 for programs that the Director had determined would not classify against the defense category.

Classified Annex

Pub. L. 107–107, div. A, title X, § 1002115 Stat. 1202

“(a)

Status of Classified Annex .—

Pub. L. 107–107The Classified Annex prepared by the committee of conference to accompany the conference report on the bill S. 1438 of the One Hundred Seventh Congress [] and transmitted to the President is hereby incorporated into this Act [see Tables for classification].
“(b)

Construction With Other Provisions of Act .—

The amounts specified in the Classified Annex are not in addition to amounts authorized to be appropriated by other provisions of this Act.
“(c)

Limitation on Use of Funds .—

Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified Annex may only be expended for such program, project, or activity in accordance with such terms, conditions, limitations, restrictions, and requirements as are set out for that program, project, or activity in the Classified Annex.
“(d)

Distribution of Classified Annex .—

The President shall provide for appropriate distribution of the Classified Annex, or of appropriate portions of the annex, within the executive branch of the Government.”
, , , provided that:

Similar provisions were contained in the following prior authorization or appropriation acts:

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654, title X, § 1002], , , 1654A–245.

Pub. L. 106–65, div. A, title X, § 1002113 Stat. 732, , .

Pub. L. 105–261, div. A, title X, § 1002112 Stat. 2111, , .

Pub. L. 105–85, div. A, title X, § 1002111 Stat. 1868, , .

Pub. L. 104–201, div. A, title X, § 1002110 Stat. 2631, , .

Pub. L. 104–106, div. A, title X, § 1002110 Stat. 414, , .

Pub. L. 103–337, div. A, title X, § 1003108 Stat. 2834, , .

Pub. L. 103–335, title VIII, § 8084108 Stat. 2637, , .

Pub. L. 103–160, div. A, title XI, § 1103107 Stat. 1749, , .

Pub. L. 103–139, title VIII, § 8108107 Stat. 1464, , .

Pub. L. 102–484, div. A, title X, § 1006106 Stat. 2482, , .

Pub. L. 102–396, title IX, § 9126106 Stat. 1931, , .

Pub. L. 102–190, div. A, title X, § 1005105 Stat. 1457, , .

Pub. L. 102–172, title VIII, § 8124105 Stat. 1206, , .

Pub. L. 101–511, title VIII, § 8111104 Stat. 1904, , .

Pub. L. 101–510, div. A, title XIV, § 1409104 Stat. 1681, , .

Budget Act Limitation

Pub. L. 99–661, div. A, title XIII, § 1304(b)100 Stat. 3979

2 U.S.C. 651(c)(2)“New spending authority (as defined in section 401(c)(2) of the Congressional Budget Act of 1974 []) provided by the amendment made by subsection (a) [amending this section] shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriation Acts.”
, , , provided that:

Limitation on Source of Funds for Nicaraguan Democratic Resistance

Pub. L. 99–661, div. A, title XIII, § 1351100 Stat. 3995Pub. L. 104–106, div. A, title X, § 1063(a)110 Stat. 444

Pub. L. 99–500, § 101(k) [title II]100 Stat. 1783–287Pub. L. 99–591, § 101(k) [title II]100 Stat. 3341–287“Notwithstanding title II of the Military Construction Appropriations Act, 1987 [, , , 1783–295, and , , , 3341–295], or any other provision of law, funds appropriated or otherwise made available to the Department of Defense for any fiscal year for operation and maintenance may not be used to provide assistance for the democratic resistance forces in Nicaragua. If funds appropriated or otherwise made available to the Department of Defense for any fiscal year are authorized by law to be used for such assistance, funds for such purpose may only be derived from amounts appropriated or otherwise made available to the Department for procurement (other than ammunition).”
, , , as amended by , , , provided that:

Use of Appropriated Funds To Support Revenue Generating Activities in Large Metropolitan Areas Prohibited

Pub. L. 99–500, § 101(c) [title IX, § 9102]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title IX, § 9102]100 Stat. 3341–82Pub. L. 100–202, § 101(b) [title VIII, § 8099]101 Stat. 1329–43, , , 1783–118, and , , , 3341–118, which provided that after , no appropriated funds could be used to support revenue generating morale, welfare, and recreation activities in large metropolitan areas, was repealed by , , , 1329–78.

Transfer of Operation and Maintenance Appropriations Unobligated Balances to Foreign Currency Fluctuations, Defense, Appropriation

Pub. L. 97–377, title I, § 101(c) [title VII, § 791]96 Stat. 1865section 2779(d) of this titlePub. L. 104–106, div. A, title IX, § 911(b)110 Stat. 406, , , which provided that no later than end of second fiscal year following fiscal year for which appropriations for Operation and Maintenance have been made available to Department of Defense, unobligated balances of such appropriations provided for fiscal year 1982 and thereafter could be transferred into appropriation “Foreign Currency Fluctuations, Defense” to be merged with and available for same time period and same purposes as appropriation to which transferred, except that any transfer made pursuant to any use of this authority was limited so that amount in appropriation did not exceed $970,000,000 at time of transfer, was repealed and restated in by , (d)(2), (f), , , 407, applicable only with respect to amounts appropriated for a fiscal year after fiscal year 1995.

Waiver of Applicability of OMB Circular A–76 to Contracting Out of Certain Research and Development Activities

Pub. L. 96–107, title VIII, § 80293 Stat. 811

“(a)
Except as provided in subsection (b), neither the implementing instructions for, nor the provisions of, Office of Management and Budget Circular A–76 (issued on , and reissued on , , and ) shall control or be used for policy guidance for the obligation or expenditure of any funds which under section 138(a)(2) [now 114(a)(2)] of title 10, United States Code, are required to be specifically authorized by law.
“(b)
Funds which under section 138(a)(2) [now 114(a)(2)] of title 10, United States Code, are required to be specifically authorized by law may be obligated or expended for operation or support of installations or equipment used for research and development (including maintenance support of laboratories, operation and maintenance of test ranges, and maintenance of test aircraft and ships) in compliance with the implementing instructions for and the provisions of such Office of Management and Budget Circular.
“(c)
No law enacted after the date of the enactment of this Act [] shall be held, considered, or construed as amending, superseding, or otherwise modifying any provision of this section unless such law does so by specifically and explicitly amending, repealing, or superseding this section.”
, , , provided that:

Manpower Conversion Policies; Development for Annual Manpower Authorization Requests; Justification for Conversion To Be Contained in Annual Manpower Requirements Report to Congress

Pub. L. 93–365, title V, § 50288 Stat. 404Pub. L. 97–295, , , which provided that it was the sense of Congress that the Department of Defense use the least costly form of manpower consistent with military requirements and other needs of the Department of Defense, that in developing the annual manpower authorization requests to the Congress and in carrying out manpower policies, the Secretary of Defense was to consider the advantages of converting from one form of manpower to another (military, civilian, or private contract) for the performance of a specified job, and that a full justification of any conversion from one form of manpower to another be contained in the annual manpower requirements report to the Congress required by subsec. (c)(3) of this section, was repealed and restated as subsec. (c)(5) of this section by , §§ 1(3), 6(b).